Brennan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FERNANDO N. DELA CRUZ, Case No. 19-cv-01140-DMR

Plaintiff, ORDER ON DEFENDANT'S MOTION v. FOR SUMMARY JUDGMENT

LOUIS DEJOY, Re: Dkt. No. 95 Defendant.

Plaintiff Fernando N. dela Cruz, Jr. alleges a single claim for Family Medical Leave Act (“FMLA”) interference in connection with his previous employment with the United States Postal Service (“USPS”). Defendant Louis DeJoy, Postmaster General, now moves for summary judgment. [Docket No. 95.] This matter is suitable for resolution without a hearing. Civ. L.R. 7- 1(b). As explained below, the motion is denied due to the existence of material disputes of fact.1 I. BACKGROUND Dela Cruz was employed by the USPS as a mail carrier in Petaluma, California from 2001 until his termination in January 2017. In August 2016, dela Cruz’s sister passed away. His doctor subsequently placed him off work for a five-day period. In October 2016, the USPS issued a…